The Texas Behavioral Health Executive Council adopts amendment §801.143, relating to Supervisor Requirements. Section 801.143 is adopted with changes to the proposed text as published in the October 7, 2022, issue of the Texas Register (47 TexReg 6557) and will be republished.

Reasoned Justification.

The adopted amendment provides more specific details regarding the minimum standards for the 40 hours of education required to apply for supervisor status.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

The rule amendments require the 40-hour continuing education course in clinical supervision be taught by a licensed marriage and family therapist holding supervisor status (LMFT-S), and a commenter requested the rule allow for other license types, such as a licensed clinical social worker with supervisor status, to teach this course.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

The Executive Council agrees to amend the rule in response to public comment. At the January 27, 2023, meeting of the Texas State Board of Examiners of Marriage and Family Therapists the Board discussed whether the 40-hour course requirements cover principles of supervision that apply to all licensees of the Executive Council or only licensees that practice marriage and family therapy. The Board determined that other licensees of the Executive Council with supervisor status are competent to teach the principles of supervision to an LMFT, so the Board voted to amend the rule in response to this public comment. Subsection (m)(1) is changed from "the course must be taught by a licensed marriage and family therapist holding supervisor status issued by the Council" to "the course must be taught by a graduate-level licensee holding supervisor status issued by the Council" which will allow for other licensees of the Executive Council with supervisor status to teach the 40-hour course in supervision required for licensure as an LMFT-S.

These adopted rule amendments are consistent with state policy, therefore the Executive Council adopts this rule with changes responsive to public comment.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

In accordance with §502.1515 of the Tex. Occ. Code the Texas State Board of Examiners of Marriage and Family Therapists previously voted and, by a majority, approved to propose the adoption this rule to the Executive Council. The rule is specifically authorized by §502.1515 of the Tex. Occ. Code which states the Board shall propose to the Executive Council rules regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice; continuing education requirements for license holders; and a schedule of sanctions for violations of this chapter or rules adopted under this chapter.

The Executive Council also adopts this rule in compliance with §507.153 of the Tex. Occ. Code. The Executive Council may not propose and adopt a rule regarding the qualifications necessary to obtain a license; the scope of practice, standards of care, and ethical practice for a profession; continuing education requirements; or a schedule of sanctions unless the rule has been proposed by the applicable board for the profession. In this instance, the underlying board has proposed this rule to the Executive Council. Therefore, the Executive Council has complied with Chapters 502 and 507 of the Texas Occupations Code and may adopt this rule.

Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.